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<br />Four State Aggregates LLC <br />High Impact Permit No. 385 <br />Page 2 <br />and Landowner Duvall Truelsen <br />appropriate balance between the protection of private property rights, private <br />property values, and the cost effective provision of public services and facilities. <br />The Comprehensive pion and the Land Use Code that resulted were developed <br />in the spirit of people working together to resolve land use issues, rather than <br />taking hard line positions. It is this framework that must guide County land use <br />decisions. <br />the property involved in this matter is unzoned per Section 3312.1 of the <br />Montezuma County Land Use Code. However, the gravel mining project in <br />question is a High Impact Development under Section 21tl1.4 and Section <br />2205.3 of said Land Use Code. therefore, a High Impact Permit is required <br />because the proposed change in land use exceeds traffic, noise and dust <br />Threshold Standards, Sections 2204 and 1202 of said Code. <br />the Montezuma County Board of Commissioners must render its decision <br />pursuant to Section 2205.5 of said Land Use Code which provides in part as <br />follows: <br />"B. The proposed use shall not generate any significant adverse impacts <br />on other property in the area and is consistent with this Code" and <br />"D. If the applicant fails to meet these decision criteria, the permit shall <br />either be approved with conditions, insuring compliance with the decision <br />criteria, or it shall be denied." <br />Under the High Impact permitting process, a Mitigation plan is required including: <br />"Plans for mitigating conditions that exceed threshold standards during its <br />construction and operation, [and] ...For controlling, restoring, and remediation <br />of any impacts that will continue after the construction andlor operation of the <br />change in land use is complete." (2205.2) <br />the Board of County Commissioners has heard and recognizes the concerns <br />and issues raised by opponents of the Four States Aggregates, LLC and <br />Landowner Duvall Truelsen Line Camp Permit. Hovrever, the Commission <br />believes that any significant, adverse impact shall be mitigated and the gravel <br />mining operation can co-exist in this agricultural/residential area based on the <br />following conditions, which in addition to the High lmpact i'ermit application and <br />mitigation plans submitted by the applicant, become part of the High Impact <br />permit issued to Four States Aggregates, LLC and Landowner Duvall truelsen: <br />1) the permit shall be for a five year operational period beginning when all <br />required permits have been issued as stated in paragraph 9 below. <br />E01.-d Bl8/r80 d 058-1 895E998EOE <br />E37a00S3a 1Vaf11tlN 100-ri0ad 9l~il EOBd-r0-030 <br />